2016 Mississippi Code
Title 51 - Waters, Water Resources, Water Districts, Drainage, and Flood Control
Chapter 31 - Drainage Districts With County Commissioners
§ 51-31-39. Form of court's order

MS Code § 51-31-39 (2016) What's This?

If, after hearing all objections, if any, to the report of the commissioners and all applications, if any, to annex other lands to the proposed district by the owners of such lands, the court or chancellor finds that a drainage district should be organized, the map of the same shall be recorded and the order may be entered according to the findings of the court or chancellor, substantially as follows:

"The State of Mississippi

County of

Term, A.D. 20 .

In the matter of the petition to organize drainage district in the

county of and State of Mississippi.

This day the report of the drainage commissioners of said county, filed in

this cause, having been heard, and it appearing to the court or chancellor

that due notice has been given "to all persons interested" for the length of

time and in the manner required by law of the application to this court for

the confirmation of said report, and the court or chancellor having duly

examined said report and considered all objections to the same, it is ordered

by the court that the report of said commissioners (or if modified by the

court, say as modified by the court) be, and the same is, hereby confirmed;

and the court further finds that the work proposed in said petition to be done

will be beneficial for agricultural and sanitary purposes to the owners of the

lands within said proposed district. And the court also finds that the persons

who have signed said petition are of lawful age and owners of land in number

and quantity as required by law. And it is further hereby ordered and decreed

by the court that said district be, and the same is, hereby duly organized as

a body politic and corporate by the name and style of drainage district

in the county of and the State of Mississippi."

But if the court, after hearing said report and objections, finds that the work proposed in said petition and the report with estimated costs by the drainage commissioners will not be sufficiently beneficial and justifiable for agricultural and sanitary purposes to the owners of the lands within said proposed drainage district, then an order shall be entered on the minutes of the court dismissing the petition and disallowing the organization of the proposed drainage district; and all costs and expenses shall be adjudged against the petitioners for the proposed drainage district.

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